Written Answers Nos. 356-377
356. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 478 of 30 April 2014, the basis of the appointment of MacCabe Durney Barnes consultants; and if there was an invitation to public tender for this contract. [26665/14]
View answer362. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the results of the report he has commissioned will be published. [26672/14]
View answerI propose to take Questions Nos. 356 and 362 together.
I appointed MacCabe Durney Barnes Consultants in February 2014 to carry out an independent planning review on the performance of planning functions in six selected planning authorities (Carlow, Cork, Galway and Meath County Councils and Cork and Dublin City Councils) in accordance with section 255 of the Planning and Development Act 2000 following an open public tendering process and subsequent tender evaluation assessment conducted by my Department on the basis of the most economically advantageous tender. I expect to receive the final report from the consultants in July 2014 and I intend to publish it having considered its contents.
364. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government the reason apartment owners who already pay management fees and property tax are liable for water charges; and if he will make a statement on the matter. [26680/14]
View answerWith effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services ( No. 2) Act provides that Irish Water can collect charges from its customers in receipt of water services provided by it. The Act defines the customer as the occupier of the premises in respect of which the water services are provided.
The water charges which Irish Water will collect from its customers are not related in any way to management fees or property tax. The charges to be levied by Irish Water must be specified in a water charges plan which is subject to the approval of the Commission for Energy Regulation (CER). The CER has announced that it will be undertaking a public consultation on the water charges plan to be submitted to it by Irish Water in June 2014 and the CER will be announcing the approved charges in August 2014. Irish Water will begin charging households for water from 1 October 2014, with the first bills to be issued from January 2015.
365. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he has studied the vacancy rate of commercial properties throughout County Kildare as of January 2014; the way this compares with previous years; if any action is needed to address the issue; and if he will make a statement on the matter. [26715/14]
View answerMy Department has no specific remit in relation to vacant commercial properties and does not gather data of the nature outlined in the Question. However, the Retail Planning Guidelines published by my Department in 2012 provide policy direction for local authorities which relates, inter alia, to commercial properties. The Guidelines provide advice to local authorities with regard to preparing the retail content of a development plan. They require development plans and their supporting analyses to adopt a proactive approach to the development of city and town centres, assessing their vitality and viability, investigating potential development opportunities and activating potential development and redevelopment opportunities.
Annexe 2 of the Retail Planning Guidelines recommends examining the strengths and weaknesses of town centres to inform authorities on how well centres are performing in terms of their attraction, accessibility, amenity, and action programmes. One such indicator is the proportion of vacant street level property. The guidelines also advise that the indicators should be collected and monitored regularly for the main centres in the retail hierarchy in order to provide baseline information on the health of town centres and help inform the preparation of city or town centre strategies.
Local authorities also have the power to levy rates on the owner of vacant property under the Local Government Act 1946, where a property is unoccupied on the date of the making of the rate. The recent Local Government Reform Act 2014 provides for a change to rating law in relation to the refund of rates on vacant properties and gives discretion to the elected members of individual local authorities to vary the level of rates refunds that apply in individual local electoral areas within the authority’s administrative area. This discretion allows elected members to respond to the differing characteristics of the local commercial property markets. The collection of rates and the determination of eligibility for a refund in this context are matters for each individual local authority.
366. Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government when he expects the legislation to be enacted to allow residents' associations to submit complaints to the Private Residential Tenancies Board. [26726/14]
View answerThe Residential Tenancies (Amendment)(No. 2) Bill 2012 is currently before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide, inter alia, for:
- the inclusion of the Approved Housing Body (AHB) sector within the remit of the Residential Tenancies Act 2004;
- the introduction of a new fast-track procedure to deal with non-payment of rent;
- the transfer of the functions of the Rent Tribunal to the PRTB on foot of the Government decision on the rationalisation of State agencies;
- the introduction of a deposit protection scheme.
The Bill has passed all stages in the Dáil, together with Second Stage in the Seanad.
The Residential Tenancies Act 2004 provides that a third party affected by anti-social behaviour may take a case to the PRTB against a landlord who has failed to enforce a tenant’s obligation not to engage in anti-social behaviour. The Bill will include amendments, to be introduced at Committee Stage in the Seanad, to make it easier for a third party to make a complaint concerning anti-social behaviour. The amendments will provide that the third party may refer a complaint to the PRTB where they have attempted to resolve the issues with the landlord alone, rather than with both landlord and tenant which they must do under the Act currently. In addition, the amendments will provide that an owners’ management company, a residents’ association or a neighbourhood watch scheme may bring a third party complaint to the PRTB.
The anti-social behaviour amendments are currently being drafted by the Office of the Parliamentary Counsel and it is my intention to introduce the amendments at Committee Stage of the Residential Tenancies (Amendment) (No. 2) Bill 2012 in the Seanad shortly.
367. Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government if he will consider requiring the means to allow rainwater harvesting as an element of all new build housing; and if he will make a statement on the matter. [26727/14]
View answerI refer to the reply to Question No. 280 of 12 November 2013 which sets out the arrangements currently in place to encourage the use of rainwater harvesting and to promote water efficiency in the built environment. I have no plans to obligate homeowners to install rainwater harvesting systems in new houses. However, by referencing such systems in the building code, as has been done, my Department enables such systems, where used, to be designed and constructed in a safe and responsible manner and in accordance with the best available national and international guidance.
369. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide an update on his climate change policy in preparation for the Paris conference in 2015; and if he will make a statement on the matter. [26729/14]
View answerThe 21st Conference of the Parties to the UN Framework Convention on Climate Change (COP21) will meet in Paris in December 2015 to agree a new global treaty on climate change that will be applicable to all Parties. The Agreement will signal a significant shift in how the world will deal with the challenge of climate change. The milestones on the way to the Paris COP have already been agreed. At COP19 in Warsaw in 2013, Parties agreed that they would bring forward their intended, nationally-determined, contributions - which will become mitigation commitments under the new Agreement - well in advance of the Paris Conference and in the first quarter of 2015 for those in a position to do so. The EU, along with the US and others, has committed to that timetable.
COP20 , which will be held in Lima, Peru in December 2014, will further develop elements for a negotiating text and will decide on the type and level of information that will be needed to accompany Parties’ contributions to ensure they are easily understood by all. This will enable the consideration of intended contributions in terms of their aggregate adequacy in relation to the global goal of keeping the average temperature increase to less than 2 degrees Celsius compared to pre-industrial levels.
Ireland participates in the UN climate process through the EU, and Ireland’ s preparations for the Paris Conference will be finalised in the context of the overall contribution by the EU and its Member States. The EU contribution, which the European Council has committed to bringing forward in the first quarter of 2015, will be informed by the outcome of the ongoing discussions on the recent Communication from the European Commission on a policy framework for climate and energy in the period from 2020 to 2030.
At national level, I recently published the National Policy Position on Climate Action and Low-Carbon Development and the General Scheme of the Climate Action and Low-Carbon Development Bill. The National Policy Position provides a high-level policy direction for the adoption and implementation by Government of plans to enable the State to move to a low-carbon economy over the period to 2050. Proposed statutory authority for the plans is set out in the General Scheme of the Bill. In anticipation of the planned legislation, work is already underway on developing a National Low-Carbon Roadmap to 2050, the primary objective of which will be to identify additional measures to reduce greenhouse gas emissions and progress the overall national low-carbon transition agenda.
370. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the number of staff in his Department working on climate change policy in 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [26730/14]
View answerThe table indicates approved staff numbers assigned to the Climate Policy Section of my Department. Staff numbers were supplemented by three interns in the run-up to, and during, Ireland’s Presidency of the European Union in 2013. There is currently one vacancy in the section.
|
Year |
Number |
|
2011 |
11 |
|
2012 |
14 |
|
2013 |
14 |
|
2014 |
11 * |
* includes 1 vacancy
371. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will provide the contact details of the newly established national radon control strategy co-ordination group; if it is open to receiving submissions from interested parties on the issues it is examining; and if he will make a statement on the matter. [26733/14]
View answerThe National Radon Control Strategy (NRCS), which I published on 17 February 2014, and which is available on my Department’s website at http://www.environ.ie/en/Publications/Environment/EnvironmentalRadiation/FileDownLoad,35484,en.pdf was developed by an inter-agency group, and sets out some 48 recommendations, under six thematic areas, with the ultimate aim of reducing the number of radon-related lung cancer cases.
In developing the Strategy, my Department conducted a public consultation process in the period from 17 January to 1 March 2013 and sought submissions, comments and opinions from interested parties. This was to ensure that those who wished to contribute to the process of framing Government policies in relation to radon would have an opportunity to have their voice heard. Over 1,000 comments from interested groups, stakeholders and members of the public were received and considered in the finalisation of the Strategy.
Successful implementation of the Strategy will require action from a range of Government Departments, public bodies and other stakeholders and so will require clear identification of responsibilities, good co-ordination between the various stakeholders and effective monitoring of progress. Accordingly, I have established a National Radon Control Strategy Co-ordination Group, chaired by my Department and comprising representatives from key Departments and Agencies, to track consideration and implementation of the key recommendations in the Strategy. While my Department is always open to receiving views of interested parties on the wide range of policy issues that it oversees, the NRCS Co-ordination Group has a specific mandate to:
- co-ordinate policies and actions on radon across the relevant Departments and agencies,
- monitor implementation of the Strategy;
- report annually on progress; and
- at the end of the 4-year period covered by the action plan, make recommendations to Government on what further actions it considers necessary at that time.
Any correspondence or submissions in relation to radon issues can be directed to my Department at radiationpolicy@environ.ie.
372. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government in view of his recent statement that he will make a decision very shortly about whether architectural technologists will be recognised on a list of assigned certifiers, if he will provide a date by which that decision will be made; if he will provide details of the data he is using to inform this decision; and if he will make a statement on the matter. [26745/14]
View answerI refer to the reply to Question No. 76 of 5 June 2014 which deals comprehensively with the matter raised. As clearly indicated in that reply, I have asked my Department to give immediate consideration to the proposals for separate voluntary registers of architectural technologists, as put forward recently by the Chartered Institute of Architectural Technologists and the Royal Institute of Architects of Ireland, and to engage with both professional bodies and other relevant stakeholders in relation to the matter shortly. My Department will respond formally to both professional bodies in the coming week.
373. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the sanctions he has imposed on the following local authorities which have failed to comply with the provisions of section 7(b)(ii)(o) of the Planning and Development (Amendment) Act 2010, when reviewing their development plans for counties Cork, Donegal, Galway, Leitrim, Longford, Mayo, Monaghan, Offaly, Roscommon and Wexford; and if he will make a statement on the matter. [26770/14]
View answerThe making and varying of a development plan is a reserved function of the elected members of the planning authority for the area. My Department issued a Circular Letter (PL 09/2012) on 25 October 2012 to all planning authorities reminding them to fulfil their statutory obligations under Section 7 of the Planning and Development (Amendment) Act 2010 - which was commenced on 5 October 2012 – in relation to the new mandatory objective in development plans for the preservation of public rights of way. The Circular Letter also outlined that planning authorities should avail of the development plan variation process, as appropriate, where a statutory development plan review is not imminent.
My Department acknowledges the progressive adoption by planning authorities of this new mandatory objective since 2012 and will keep the implementation of this objective under review, including giving consideration to the need for the issuing of any reminders to planning authorities in this regard in light of the approaches adopted in meeting this objective.
374. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government the legal, constitutional or enforcement barriers that prevent the introduction of national legislation or local authority by-laws to ensure that householders and/or landlords are required to maintain their properties to a high standard in terms of maintenance of visible outdoor areas, including grass cutting and tree and shrub clipping, in view of the health and safety concerns associated with vermin; and if he will make a statement on the matter. [26793/14]
View answerMinimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. These specify requirements in relation to a range of matters such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply.
Article 5 of these regulations provides that private rented houses shall be maintained in a proper state of structural repair. This includes a stipulation that gardens and common areas are maintained in good condition. Article 12 provides that each house must have access to suitable and adequate pest and vermin-proof refuse storage facilities. In addition, Section 12 of the Residential Tenancies Act 2004, as amended by section 100 of the Housing (Miscellaneous Provisions) Act 2009, requires a landlord of a dwelling to provide receptacles suitable for the storage of refuse outside the dwelling, except where the provision of such receptacles is not within the power or control of the landlord as could arise, for example, where it is a function of a management company to provide such a service.
Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened, updated legislative and regulatory framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations under the Regulations. Fines for continuing non-compliance with the Regulations were also significantly increased.
375. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government the laws currently in place to ensure that neighbourhood noise is kept to a reasonably low level; the current laws that apply requiring households to respect their neighbours' right to peace and quiet, especially during the night hours; the levels of enforcement, if any, that exist; and if he will make a statement on the matter. [26794/14]
View answerSection 107 of the Environmental Protection Agency (EPA) Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from any premises, processes and works. The Environment Section of the relevant City or County Council is the appropriate contact point for reporting a noise nuisance in this regard. In addition, under section 108 of the EPA Act, where any noise is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance, then it is open to any person, or group of persons, to bring a complaint to the District Court. The Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned must comply with that order.
The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, outlining the legal avenues available to persons experiencing noise nuisance is available to download from my Department’s website at the following address: www.environ.ie/en/Environment/Noise/
. The Court may take into account whether the person alleged to have caused a noise nuisance took all reasonable care to prevent or limit the noise by using facilities, practices and methods of operation that are suitable for that purpose.
376. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will review the situation whereby, as a result of reductions in crew levels on fire appliances and other factors, retained fire fighters are on call less and suffer from reduced incomes as a result; if a rent supplement will be provided, in view of the fact that retained fire fighters must live close to the fire station, even though living with parents or loved ones might be more cost effective; and if he will make a statement on the matter. [26795/14]
View answerIn February 2013, I published Keeping Communities safe (KCS), which, as national policy, is intended to keep fire safety and fire services in Ireland in line with international best practice. The KCS document is the outcome of a review of fire service activities and sets out a system of national processes and standards for fire service delivery in Ireland based on a risk management approach. This addresses the critical elements of fire prevention and fire protection in buildings as well as fire brigade response.
The retained fire service in Ireland is recognised as a particularly appropriate community service provided by the local authorities. Retained fire-fighters are required to live and work close to their fire stations so that they can meet the generally accepted five minute turn-out times. Retained fire-fighters are paid an annual retainer in respect of the availability they provide, as well being paid hourly rates for their fire service work as set out in the Table below.
The standards for provision of fire services contained in KCS are based on an ‘area risk categorisation’ system which is being applied across the country by all fire services. This results in individual fire station areas being risk-graded across five bands from very high to very low, based on analysis of relevant local factors including three years of activity data. The fire service response in terms of numbers of fire appliances and fire crews in an area is related to this risk categorisation. The Pre-Determined Attendance (PDA) is the initial fire service turnout in response to a call for assistance from a member of the public, and indicates the number of appliances that will be mobilised automatically in response to calls for assistance to particular categories of incident.
For the first time in Ireland, KCS sets out standards for normal crewing levels on fire appliances which are very much in line with international practice; the first appliance mobilised to an incident should have a normal crew compliment of 5 personnel, to include a designated Incident Commander, with 4 personnel on the second or subsequent appliances mobilised from the same station. However, KCS makes clear that this is a norm and additional available crew over the initial five may travel on the first responding fire engine or on another fire vehicle as arranged locally. The crewing standards in KCS do not affect the incomes of retained fire-fighters in any way, which are based on the availability and rates of pay as set out above.
KCS properly seeks to continue the downward trend in the number of fires and other incidents which the fire services respond to annually. However, the setting of national standards for Pre-Determined Attendances is expected to lead to an increase in the number of fire service turn-outs for some categories of incidents. It is also clear that implementation of KCS is leading in many cases to a higher level of other activities, including training and community fire safety, for retained fire-fighters.
The current rates applicable to Retained Firefighters are contained in the following table:
Retained (Part-Time) Fire Service
377. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government in view of the signs of recovery of the building industry, his views that An Bord Pleanála board has a sufficient range of in-house expertise to deal with the anticipated extra workload; and if he will make a statement on the matter. [26810/14]
View answerAppointments to the Board of An Bord Pleanála are governed by sections 105 to 107 of the Planning and Development Acts 2000 to 2013 and articles 56 to 65 of the Planning and Development Regulations 2001, as amended. The appointment process provides that appointments are made by the Minister for the Environment, Community and Local Government from nominees put forward by four representative panels of nominating bodies prescribed for this purpose.
The bodies which comprise these nominating panels are set out in article 64 of the Planning and Development Regulations 2001, as amended. These bodies represent a wide range of interests so that potential appointees are drawn from a balanced group of individuals, with diverse backgrounds, who can reach a considered view on the issues with which the Board is concerned. When any vacancies arise on the Board, each body in the concerned nominating panel is invited to nominate two candidates for consideration for appointment to the Board. In relation to the position of Chairperson, the appointment is made by Government from candidates selected by an independent statutory selection committee.
Two new Board Members were appointed to the Board in May 2014, while another serving Board Member was re-appointed in December 2013. This brought the total number of Board Members to nine (including the Chair), out of a maximum allowable number of ten.
